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`Exhibit J
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`Case 6:21-cv-00025-ADA Document 12 Filed 04/28/21 Page 1 of 22Case 2:22-md-03034-TGB ECF No. 267-11, PageID.29244 Filed 07/18/24 Page 2 of 23
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`
`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE WESTERN DISTRICT OF TEXAS
`WACO DIVISION
`
`Neo Wireless LLC,
`
`Plaintiff,
`
`
`
`
`
`v.
`
`C.A. NO. 6:21-cv-00025-ADA
`
`LG Electronics Inc., and LG Electronics
`U.S.A., Inc.,
`
`
`
`JURY TRIAL DEMANDED
`
`Defendants.
`
`
`
`
`
`PLAINTIFF’S FIRST AMENDED COMPLAINT
`
`
`Plaintiff Neo Wireless LLC (“Plaintiff” or “Neo Wireless”) files this First
`
`Amended Complaint against Defendants LG Electronics Inc. (“LGE”), and LG
`
`Electronics U.S.A., Inc. (“LG USA”) (collectively “LG”) for patent infringement under
`
`35 U.S.C. § 271. Plaintiff alleges, based on its own personal knowledge with respect to
`
`its own actions and based upon information and belief with respect to all others’ actions,
`
`as follows:
`
`THE PARTIES
`
`1.
`
`Plaintiff Neo Wireless LLC is a Delaware corporation with its principal
`
`place of business located in Wayne, Pennsylvania.
`
`2.
`
`On information and belief, Defendant LGE is a corporation organized and
`
`existing under the laws of the Republic of Korea with a principal place of business at LG
`
`Twin Towers, 128 Yeouidaero, Yeongdungpo-gu, Seoul, South Korea. LGE is the entity
`
`that manufactures the LG-branded products sold in the United States, including the
`
`Accused Instrumentalities in this case. In addition to making the infringing products,
`
`LGE is responsible for research and development, product design, and sourcing of
`
`
`
`1
`
`

`

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`
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`components.
`
`3.
`
`On information and belief, Defendant LG USA is a Delaware corporation
`
`registered to do business in Texas and is a direct subsidiary of LGE. LG USA has
`
`numerous regular and established places of business in Texas including at least at 9420
`
`Research Blvd, Austin, Texas 78759; 2155 Eagle Parkway, Fort Worth, Texas 76177;
`
`and 14901 Beach St, Fort Worth, TX 76177.
`
`4.
`
`On information and belief, LG maintains one or more physical fixed
`
`places of business in Texas, including offices at 9420 Research Blvd, Austin, Texas
`
`78759, and a representative office at 9600 Great Hills Trail, Suite 150W, Austin, TX
`
`78759.1
`
`JURISDICTION AND VENUE
`
`5.
`
`This action includes a claim of patent infringement arising under the
`
`patent laws of the United States, 35 U.S.C. §§ 1 et seq. This Court has jurisdiction over
`
`this action pursuant to 28 U.S.C. §§ 1331 and 1338(a).
`
`6.
`
`This Court has personal jurisdiction over each of the LG Defendants. As
`
`indicated above, LG conducts business and has committed acts of patent infringement
`
`and has induced and contributed to acts of patent infringement by others in this District,
`
`the State of Texas, and elsewhere in the United States.
`
`7.
`
`Each LG Defendant has committed acts of infringement in this judicial
`
`District and maintains regular and established places of business in this District, directly
`
`or through its subsidiaries, as set forth above. LG has continuous and systematic business
`
`contacts with the State of Texas.
`
`
`1 http://m.lgdisplay.com/m/eng/company/locationGlobal?placeLocCode=OVE02.
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`
`
`2
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`8.
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`LG USA, directly or through subsidiaries or intermediaries (including
`
`distributors, retailers, contract manufacturers, and others), conducts its business
`
`extensively throughout Texas, including by distributing, offering for sale, selling, and
`
`advertising (including by the provision of interactive web pages) its products and services
`
`in the State of Texas and the Western District of Texas.
`
`9.
`
`LG USA employs persons with relevant knowledge of the accused
`
`technology in Texas. For example, LG USA recently published a job posting seeking a
`
`Production Planning Analyst that is bilingual in Korean and English for Fort Worth,
`
`Texas.2
`
`10.
`
`LG USA sells its phones to carriers and retailers in Texas placing and
`
`continuing to place infringing smartphones and software into the stream of commerce via
`
`an established distribution channel with the knowledge and/or intent that those products
`
`were sold and continue to be sold in the United States and Texas, including in this
`
`District. For example, LG USA has a distribution center in Fort Worth that serves as its
`
`single largest distribution point in the United States.3
`
`11.
`
`LGE, directly or through subsidiaries or intermediaries (including LG
`
`
`
`2
`https://www.google.com/search?q=Production+Planning+Analyst+LG+electornics+fort+
`worth+texas&rlz=1C1GCEA_enUS888US888&oq=Production+Planning+Analyst+LG+
`electornics+fort+worth+texas&aqs=chrome..69i57j33.5316j0j4&sourceid=chrome&ie=U
`TF-
`8&ibp=htl;jobs&sa=X&ved=2ahUKEwjgopTlqf3rAhUH7awKHYo_DPQQp4wCMAB6
`BAgNEAE#fpstate=tldetail&htivrt=jobs&htiq=Production+Planning+Analyst+LG+elect
`ornics+fort+worth+texas&htidocid=HduTHXt9Hb8heslJAAAAAA%3D%3D&sxsrf=AL
`eKk00F0qUQLSvhBxXH7r4F_FvtaueFew:1600797068832.
`
` 3
`
` https://www.bizjournals.com/dallas/news/2013/10/23/how-lg-electronics-will-use-12m-
`sf.html
`
`
`
`3
`
`

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`
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`USA, distributors, retailers, contract manufacturers, and others), conducts its business
`
`extensively throughout Texas, including by shipping, manufacturing, distributing,
`
`offering for sale, selling, and advertising (including by the provision of interactive web
`
`pages) its products and services in the State of Texas and the Western District of Texas.
`
`12.
`
`LGE purposefully and voluntarily places its infringing products into the
`
`stream of commerce with the expectation and the knowledge that those products will be
`
`purchased and used by consumers in this State and this District.
`
`13.
`
`For example, while LGE is a South Korean entity, it operates (in whole or
`
`in part) a United-States focused website (www.lg.com/us), including one that advertises
`
`the Accused Instrumentalities. LG’s US-focused website contains copyright notices in the
`
`name of “LG Electronics,” and legal terms in the name of LGE specifically. See
`
`https://www.lg.com/us/legal. This demonstrates that LGE knows and intends that its
`
`products will reach customers throughout the United States, including in this District, or
`
`that LGE, at least reasonably could have foreseen that a termination point of its
`
`distribution channel is Texas. This is further demonstrated by the presence, noted supra
`
`note 3, of LG’s single largest US distribution center in this State.
`
`14.
`
`Further, on information and belief, LGE controls the activities (catalogued
`
`above) within the United States and this District of LG USA, its direct subsidiary. On
`
`information and belief, LGE sells its smartphones through a distribution channel it
`
`established with LG USA, which includes third-party distributors such as Verizon, Sprint,
`
`AT&T, and T-Mobile, with knowledge that the Accused Products will be sold
`
`nationwide, including in Texas.
`
`15.
`
`Further, assertion of personal jurisdiction over either LG Defendant would
`
`not be unfair or unreasonable, particularly given LG’s concerted efforts to serve the
`
`United States market, including Texas.
`
`
`
`4
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`
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`16.
`
`17.
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`Venue is proper in this judicial district per 28 U.S.C. §§ 1391 and 1400(b).
`
`As described above, each LG Defendant has committed acts of
`
`infringement in this judicial District and maintains regular and established places of
`
`business in this District, directly or through its subsidiaries, as set forth above.
`
`18.
`
`Additionally, LGE is a foreign entity and thus, venue is proper under 28
`
`U.S.C. § 1391(b) and (c)(3). See In re HTC Corp., 889 F.3d 1349, 1354, 1356 (Fed. Cir.
`
`2018).
`
`ASSERTED PATENTS
`
`19.
`
`On June 18, 2013, the United States Patent and Trademark Office duly and
`
`legally issued U.S. Patent No. 8,467,366 (“the ’366 patent”), entitled “Methods and
`
`Apparatus for Random Access in Multi-Carrier Communication Systems.” A copy of
`
`the ’366 patent is attached as Exhibit A.
`
`20.
`
`The ’366 patent issued from U.S. Patent Application 13/205,579, which
`
`was assigned from the inventors to Waltical Solutions, Inc. on April 8, 2005. The
`
`application was later assigned from Waltical Solutions, Inc. to Neocific, Inc. on
`
`December 14, 2005. The now-issued ’366 patent was assigned from Neocific, Inc. to
`
`CFIP NCF LLC on November 22, 2019 before it was assigned to Neo Wireless LLC on
`
`January 23, 2020.
`
`21.
`
`The ’366 patent is valid and enforceable.
`
`
`
`22.
`
`On August 7, 2018, the United States Patent and Trademark Office duly
`
`and legally issued U.S. Patent No. 10,044,517 (“the ’517 patent”), entitled “Method and
`
`Apparatus for Cellular Broadcasting and Communication System.” A copy of the ’517
`
`patent is attached as Exhibit B.
`
`
`
`5
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`23.
`
`The ’517 patent issued from U.S. Patent Application 14/160,420, which
`
`was filed by Neocific, Inc. on January 21, 2014. The now-issued ’517 patent was
`
`assigned from Neocific, Inc. to CFIP NCF LLC on November 22, 2019 before it was
`
`assigned to Neo Wireless LLC on January 23, 2020.
`
`24.
`
`The ’517 patent is valid and enforceable.
`
`25.
`
`On April 17, 2018, the United States Patent and Trademark Office duly
`
`and legally issued U.S. Patent No. 10,833,908 (“the ’908 patent”), entitled “Channel
`
`Probing Signal for a Broadband Communication System.” A copy of the ’908 patent is
`
`attached as Exhibit C.
`
`26.
`
`The ’908 patent issued from U.S. Patent Application 16/902,740, which
`
`was filed by Neo Wireless LLC on behalf of the inventors.
`
`27.
`
`The ’908 patent is valid and enforceable.
`
`28.
`
`On September 11, 2018, the United States Patent and Trademark Office
`
`duly and legally issued U.S. Patent No. 10,075,941 (“the ’941 patent”), entitled “Methods
`
`and Apparatus for Multi-Carrier Communications With Adaptive Transmission and
`
`Feedback.” A copy of the ’941 patent is attached as Exhibit D.
`
`29.
`
`The ’941 patent issued from U.S. Patent Application 15/082,878, which
`
`filed by Neocific, Inc. on March 28, 2016. The now-issued ’941 patent was assigned from
`
`Neocific, Inc. to CFIP NCF LLC on November 22, 2019 before it was assigned to Neo
`
`Wireless LLC on January 23, 2020.
`
`30.
`
`The ’941 patent is valid and enforceable.
`
`31.
`
`On October 15, 2019, the United States Patent and Trademark Office duly
`
`and legally issued U.S. Patent No. 10,447,450 (“the ’450 patent”), entitled “Method and
`
`System for Multi-Carrier Packet Communication with Reduced Overhead.” A copy of
`
`
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`6
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`the ’450 patent is attached as Exhibit E.
`
`32.
`
`The ’450 patent issued from U.S. Patent Application 15/676,421, which
`
`was filed by Neocific, Inc. on August 14, 2017. The now-issued ’450 patent was later
`
`assigned from Neocific, Inc. to CFIP NCF LLC on November 22, 2019 before it was
`
`assigned to Neo Wireless LLC on January 23, 2020.
`
`33.
`
`The ’450 patent is valid and enforceable.
`
`34.
`
`Neo Wireless owns all rights, title, and interest in and to each of
`
`the ’366, ’517, ’908, ’941, and ’450 patents (the “patents-in-suit”) and possesses all rights
`
`of recovery.
`
`FACTUAL ALLEGATIONS
`
`35.
`
`Inventor Xiaodong (Alex) Li, Ph.D. founded Neocific Inc. in the early
`
`2000s to design, develop, and implement a new wireless communication system. He and
`
`his co-inventors had extensive experience with wireless communications systems,
`
`including the development of the Wi-Max standards, and a deep understanding of the
`
`flaws in existing systems at the time. The inventors saw an opportunity to create a new
`
`wireless communication system meant to address those flaws while incorporating cutting-
`
`edge Orthogonal Frequency-Division Multiple Access (OFDMA) based technologies
`
`and, starting in the 2004 to 2005 timeframe, they filed patents on the work.
`
`36.
`
`Dr. Li served as the President and Founder of Neocific. Dr. Li obtained his
`
`Ph.D. in electrical engineering from the University of Washington, his M.S. from
`
`Shanghai Jiao Tong University, and his B.S. from Tsinghua University. Dr. Li has
`
`authored more than 30 journal and conference papers in wireless communications, video
`
`coding, and networking. He has been granted more than 100 U.S. and foreign patents.
`
`37.
`
`Dr. Titus Lo, Ph.D. is a founding employee of Neocific. Dr. Lo obtained
`
`his Ph.D. in electrical engineering from McMaster University and his B.S. from the
`
`
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`7
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`University of British Columbia. Dr. Lo has authored more than 30 technical papers in
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`international peer-reviewed journals and presented more than 50 time at industry events.
`
`He has been granted more than 100 U.S. and foreign patents.
`
`38.
`
`Neo Wireless owns all substantial right, title, and interest in the patents-in-
`
`suit, and holds the right to sue and recover damages for infringement thereof.
`
`39.
`
`David Loo is the CEO of Plaintiff Neo Wireless. Mr. Loo works and
`
`resides in Wayne, Pennsylvania. Mr. Loo has over a decade of experience as a licensing
`
`executive and patent attorney with a well-established track record of assisting companies,
`
`inventors and patent holders to ensure they are fairly compensated for their inventions.
`
`40.
`
`The wireless communication industry has been developing rapidly since
`
`Bell Labs developed the First Generation of modern commercial cellular technology in
`
`1984. Multiple wireless communication technologies designated by generations emerged
`
`and brought new capacities to people all over the world. In 2008, 3GPP created and
`
`finalized the LTE standards as an upgrade to 3G. The cellular industry recognized its
`
`major benefits, and virtually all cellular device manufacturers, including LG, have
`
`embraced LTE as the next generation of commercial cellular technology and developed
`
`phones and other cellular devices to utilize the 4G LTE technology.
`
`41.
`
`Defendant LGE is a South Korean multinational electronics company
`
`whose products include, among others, phones and other cellular devices. LG has been
`
`one of the most popular phone brands in the United States, and it is known for its flagship
`
`G series and V series of smartphones.
`
`42.
`
`LG has established itself as a major smartphone industry player by
`
`aggressively pushing forward with 4G LTE and 5G technology. LG targets the full
`
`spectrum of LTE customers with its G series for luxury consumers, the F series with the
`
`mission of “4G LTE for everyone,” the lower-end L series, and the Vu tablets. In 2019,
`
`LG announced that all of its V series phones will use 5G networks going forward, and all
`
`
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`8
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`G series phones will continue to use 4G LTE technology.
`
`43.
`
`In order to use LTE or 4G and 5G networks, the LG smartphones are
`
`manufactured to comply with wireless standards, such as the 3GPP standards, that ensure
`
`compatibility of wireless devices and wireless networks. Other cellular-capable devices
`
`of LG, such as tablets and smart watches, are designed to ensure compliance with the
`
`3GPP standards as well.
`
`44.
`
`As described above, the asserted patents read on portions of the LTE or
`
`4G and 5G standards, which LG implements in its products, such as its G series, V series,
`
`F series, and L series phones and other cellular-capable devices (“LG’s Accused
`
`Instrumentalities”), which it makes, uses, sells, offers to sell and/or imports in the United
`
`States. Accordingly, LG directly and indirectly infringes each of the patents-in-suit.
`
`45.
`
`46.
`
`LG does not have any rights to the patents-in-suit.
`
`In the interest of providing detailed averments of infringement, Neo
`
`Wireless has identified below at least one claim per patent to demonstrate infringement.
`
`However, the selection of claims should not be considered limiting, and additional claims
`
`of the patents-in-suit (including method, system, and apparatus claims) that are infringed
`
`by LG will be disclosed in compliance with the Court’s rules related to infringement
`
`contentions.
`
`COUNT ONE: INFRINGEMENT OF THE ’366 PATENT
`
`47.
`
`Neo Wireless incorporates by reference the preceding paragraphs as if
`
`fully set forth herein.
`
`48.
`
`As described above, Defendant LG has infringed and continues to infringe
`
`the patents-in-suit by implementing certain cellular standards, including particular 3GPP
`
`standards, in its products.
`
`49.
`
`LG directly infringes the ’366 patent because it has made, used, sold,
`
`
`
`9
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`offered to sell and/or imported its respective Accused Instrumentalities in the United
`
`States. For example, each of LG’s Accused Instrumentalities implements the portions of
`
`the 3GPP LTE standard specification that read on at least claim 1 the ’366 patent. See
`
`Exhibit F.
`
`50.
`
`51.
`
`LG’s Accused Instrumentalities meet at least one claim of the ’366 patent.
`
`LG makes, uses, offers to sell, sells, and imports LG’s Accused
`
`Instrumentalities within the United States or into the United States without authority from
`
`Neo Wireless.
`
`52.
`
`53.
`
`LG therefore infringes the ’366 patent under 35 U.S.C. § 271(a).
`
`LG indirectly infringes the ’366 patent by inducing infringement by
`
`others, such as end-user customers, by, for example, encouraging its users to take
`
`advantage of LTE features within the United States and by implementing the
`
`standardized features in its cellular-capable devices.
`
`54.
`
`55.
`
`LG took the above actions intending to cause infringing acts by others.
`
`On information and belief, LG was aware of the ’366 patent prior to the
`
`filing of this lawsuit.
`
`56.
`
`LG patents KR100,939,722 and MY167057A cite to related patents or
`
`patent applications the ’366 patent family.
`
`57.
`
`LG received actual notice of its infringement of the ’366 patent at least as
`
`early as the date of service of Complaint. Therefore, LG was or is now aware of the ‘366
`
`patent or has willfully blinded itself as to the existence of the ’366 patent and made, used,
`
`sold, offered to sell, imported and/or encouraged the making, using, selling, offering to
`
`sell, or importing of the Accused Products despite knowing of an objectively high
`
`likelihood that its actions constituted infringement of the ’366 patent at all times relevant
`
`to this suit. Alternatively, LG subjectively believed there was a high probability that
`
`
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`10
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`others would infringe the ’366 patent but took deliberate steps to avoid confirming that it
`
`was actively inducing infringement by others. LG therefore infringes the patents-in-suit
`
`under 35 U.S.C. § 271(b).
`
`58.
`
`LG indirectly infringes the ’366 patent by contributing to infringement by
`
`others, such as end-user customers by offering to sell and selling within the United States
`
`components (that is, LG’s Accused Instrumentalities) that constitute a material part of the
`
`inventions claimed in the ’366 patent, and that are used to practice one or more
`
`processes/methods covered by the claims of the ’366 patent. LG’s end-user customers
`
`directly infringe the ’366 patent by, for example, using the cellular functionality of LG’s
`
`Accused Instrumentalities, including establishing communication with the cellular
`
`wireless network and contending for access to resources on the network.
`
`59.
`
`In offering to sell and selling the components specified above, LG has
`
`known these components to be especially made or especially adapted for use in an
`
`infringement of the ’366 patent and that these components are not a staple article or
`
`commodity of commerce suitable for substantial non-infringing use. Alternatively, LG
`
`subjectively believed there was a high probability that these components to be especially
`
`made or especially adapted for use in an infringement of the ’366 patent and that these
`
`components are not a staple article or commodity of commerce suitable for substantial
`
`non-infringing use, but took deliberate steps to avoid confirming the same. LG therefore
`
`infringes the ’366 patent under 35 U.S.C. § 271(c).
`
`60.
`
`To the extent that LG releases any new version of LG’s Accused
`
`Instrumentalities, such instrumentalities will meet the claims of the ’366 patent and
`
`infringe under 35 U.S.C. § 271(a)-(c) in ways analogous to LG’s current infringement
`
`described above.
`
`
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`11
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`61.
`
`Neo Wireless has been damaged and continues to be damaged by each of
`
`LG’s infringement of the 366 patent.
`
`COUNT TWO: INFRINGEMENT OF THE ’517 PATENT
`
`62.
`
`Neo Wireless incorporates by reference the preceding paragraphs as if
`
`fully set forth herein.
`
`63.
`
`As described above, Defendant LG has infringed and continues to infringe
`
`the patents-in-suit by implementing certain cellular standards, including particular 3GPP
`
`standards, in its products.
`
`64.
`
`LG directly infringes the ’517 patent because it has made, used, sold,
`
`offered to sell and/or imported its respective Accused Instrumentalities in the United
`
`States. For example, each of LG’s Accused Instrumentalities implements the portions of
`
`the 3GPP LTE standard specification that read on at least claim 13 the ’517 patent. See
`
`Exhibit G.
`
`65.
`
`66.
`
`LG’s Accused Instrumentalities meet at least one claim of the ’517 patent.
`
`LG makes, uses, offers to sell, sells, and imports LG’s Accused
`
`Instrumentalities within the United States or into the United States without authority from
`
`Neo Wireless.
`
`67.
`
`68.
`
`LG therefore infringes the ’517 patent under 35 U.S.C. § 271(a).
`
`LG indirectly infringes the ’517 patent by inducing infringement by
`
`others, such as end-user customers, by, for example, encouraging its users to take
`
`advantage of LTE features within the United States and by implementing the
`
`standardized features in its cellular-capable devices.
`
`69.
`
`70.
`
`LG took the above actions intending to cause infringing acts by others.
`
`On information and belief, LG was aware of the ’517 patent prior to the
`
`filing of this lawsuit.
`
`71.
`
`The file history of LG patents WO2015105308A1 and U.S. Patent No.
`
`
`
`12
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`
`
`10,587,336 cite to the ’517 patent or a patent or patent application in the ’517 patent
`
`family.
`
`72.
`
`LG received actual notice of its infringement of the ’517 patent at least as
`
`early as the date of service of Complaint. Therefore, LG was or is now aware of the ‘517
`
`patent or has willfully blinded itself as to the existence of the ’517 patent and made, used,
`
`sold, offered to sell, imported and/or encouraged the making, using, selling, offering to
`
`sell, or importing of the Accused Products despite knowing of an objectively high
`
`likelihood that its actions constituted infringement of the ’517 patent at all times relevant
`
`to this suit. Alternatively, LG subjectively believed there was a high probability that
`
`others would infringe the ’517 patent but took deliberate steps to avoid confirming that it
`
`was actively inducing infringement by others. LG therefore infringes the patents-in-suit
`
`under 35 U.S.C. § 271(b).
`
`73.
`
`LG indirectly infringes the ’517 patent by contributing to infringement by
`
`others, such as end-user customers by offering to sell and selling within the United States
`
`components (that is, LG’s Accused Instrumentalities) that constitute a material part of the
`
`inventions claimed in the ’517 patent, and that are used to practice one or more
`
`processes/methods covered by the claims of the ’517 patent. LG’s end-user customers
`
`directly infringe the ’517 patent by, for example, using the cellular functionality of LG’s
`
`Accused Instrumentalities, including establishing communication with the cellular
`
`wireless network and contending for access to resources on the network.
`
`74.
`
`In offering to sell and selling the components specified above, LG has
`
`known these components to be especially made or especially adapted for use in an
`
`infringement of the ’517 patent and that these components are not a staple article or
`
`commodity of commerce suitable for substantial non-infringing use. Alternatively, LG
`
`subjectively believed there was a high probability that these components to be especially
`
`made or especially adapted for use in an infringement of the ’517 patent and that these
`
`
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`13
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`
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`components are not a staple article or commodity of commerce suitable for substantial
`
`non-infringing use, but took deliberate steps to avoid confirming the same. LG therefore
`
`infringes the ’517 patent under 35 U.S.C. § 271(c).
`
`75.
`
`To the extent that LG releases any new version of LG’s Accused
`
`Instrumentalities, such instrumentalities will meet the claims of the ’517 patent and
`
`infringe under 35 U.S.C. § 271(a)-(c) in ways analogous to LG’s current infringement
`
`described above.
`
`76.
`
`Neo Wireless has been damaged and continues to be damaged by each of
`
`LG’s infringement of the 517 patent.
`
`COUNT THREE: INFRINGEMENT OF THE ’908 PATENT
`
`77.
`
`Neo Wireless incorporates by reference the preceding paragraphs as if
`
`fully set forth herein.
`
`78.
`
`As described above, Defendant LG has infringed and continues to infringe
`
`the patents-in-suit by implementing certain cellular standards, including particular 3GPP
`
`standards.
`
`79.
`
`LG directly infringes the ’908 patent because it has made, used, sold,
`
`offered to sell and/or imported its respective Accused Instrumentalities in the United
`
`States. For example, each of LG’s Accused Instrumentalities implements the portions of
`
`the 3GPP LTE standard specification that read on at least claim 11 the ’908 patent. See
`
`Exhibit H.
`
`80.
`
`81.
`
`LG’s Accused Instrumentalities meet at least one claim of the ’908 patent.
`
`LG makes, uses, offers to sell, sells, and imports LG’s Accused
`
`Instrumentalities within the United States or into the United States without authority from
`
`Neo Wireless.
`
`82.
`
`LG therefore infringes the ’908 patent under 35 U.S.C. § 271(a).
`
`
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`14
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`83.
`
`LG indirectly infringes the ’908 patent by inducing infringement by
`
`others, such as end-user customers, by, for example, encouraging its users to take
`
`advantage of LTE features within the United States and by implementing the
`
`standardized features in its cellular-capable devices.
`
`84.
`
`85.
`
`LG took the above actions intending to cause infringing acts by others.
`
`On information and belief, LG was aware of the ’908 patent prior to the
`
`filing of this lawsuit.
`
`86.
`
`LG patents KR100904533B1 and U.S. Patent No. 9,059,813 cite to related
`
`patents or patent applications in the ’908 patent family.
`
`87.
`
`LG received actual notice of its infringement of the ’908 patent at least as
`
`early as the date of service of Complaint. Therefore, LG was or is now aware of the ‘908
`
`patent or has willfully blinded itself as to the existence of the ’908 patent and made, used,
`
`sold, offered to sell, imported and/or encouraged the making, using, selling, offering to
`
`sell, or importing of the Accused Products despite knowing of an objectively high
`
`likelihood that its actions constituted infringement of the ’908 patent at all times relevant
`
`to this suit. Alternatively, LG subjectively believed there was a high probability that
`
`others would infringe the ’908 patent but took deliberate steps to avoid confirming that it
`
`was actively inducing infringement by others. LG therefore infringes the ’908 patent
`
`under 35 U.S.C. § 271(b).
`
`88.
`
`LG indirectly infringes the ’908 patent by contributing to infringement by
`
`others, such as end-user customers by offering to sell and selling within the United States
`
`components (that is, LG’s Accused Instrumentalities) that constitute a material part of the
`
`inventions claimed in the ’908 patent, and that are used to practice one or more
`
`processes/methods covered by the claims of the ’908 patent. LG’s end-user customers
`
`directly infringe the ’908 patent by, for example, using the cellular functionality of LG’s
`
`Accused Instrumentalities, including establishing communication with the cellular
`
`wireless network and contending for access to resources on the network.
`
`
`
`15
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`Case 6:21-cv-00025-ADA Document 12 Filed 04/28/21 Page 16 of 22Case 2:22-md-03034-TGB ECF No. 267-11, PageID.29259 Filed 07/18/24 Page 17 of 23
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`
`
`89.
`
`In offering to sell and selling the components specified above, LG has
`
`known these components to be especially made or especially adapted for use in an
`
`infringement of the ’908 patent and that these components are not a staple article or
`
`commodity of commerce suitable for substantial non-infringing use. Alternatively, LG
`
`subjectively believed there was a high probability that these components to be especially
`
`made or especially adapted for use in an infringement of the ’908 patent and that these
`
`components are not a staple article or commodity of commerce suitable for substantial
`
`non-infringing use, but took deliberate steps to avoid confirming the same. LG therefore
`
`infringes the ’908 patent under 35 U.S.C. § 271(c).
`
`90.
`
`To the extent that LG releases any new version of LG’s Accused
`
`Instrumentalities, such instrumentalities will meet the claims of the ’908 patent and
`
`infringe under 35 U.S.C. § 271(a)-(c) in ways analogous to LG’s current infringement
`
`described above.
`
`91.
`
`Neo Wireless has been damaged and continues to be damaged by each of
`
`LG’s infringement of the 908 patent.
`
`COUNT FOUR: INFRINGEMENT OF THE ’941 PATENT
`
`92.
`
`Neo Wireless incorporates by reference the preceding paragraphs as if
`
`fully set forth herein.
`
`93.
`
`As described above, Defendant LG has infringed and continues to infringe
`
`the patents-in-suit by implementing certain cellular standards, including particular 3GPP
`
`standards, in its products.
`
`94.
`
`LG directly infringes the ’941 patent because it has made, used, sold,
`
`offered to sell and/or imported its respective Accused Instrumentalities in the United
`
`States. For example, each of LG’s Accused Instrumentalities implements the portions of
`
`the 3GPP LTE standard specification that read on at least claim 13 the ’941 patent. See
`
`
`
`16
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`
`
`Exhibit I.
`
`95.
`
`96.
`
`LG’s Accused Instrumentalities meet at least one claim of the ’941 patent.
`
`LG makes, uses, offers to sell, sells, and imports LG’s Accused
`
`Instrumentalities within the United States or into the United States without authority from
`
`Neo Wireless.
`
`97.
`
`98.
`
`LG therefore infringes the ’941 patent under 35 U.S.C. § 271(a).
`
`LG indirectly infringes the ’941 patent by inducing infringement